NORTH CAROLINA GENERAL ASSEMBLY
1971 SESSION
CHAPTER 704
HOUSE BILL 985
AN ACT TO CONFORM CHAPTER 115 OF THE NORTH CAROLINA GENERAL STATUTES TO ARTICLE IX OF THE CONSTITUTION OF NORTH CAROLINA.
The General Assembly of North Carolina do enact:
Section 1. G.S. 115-1 is hereby rewritten to read as follows:
"§ 115-1. General and uniform system of schools. — A general and uniform system of free public schools shall be provided throughout the State, wherein equal opportunities shall be provided for all students, in accordance with the provisions of Article IX of the Constitution of North Carolina. Tuition shall be free of charge to all children of the State, and to every person 21 years of age, or over, who has not completed a standard high school course of study. There shall be operated in every county and city administrative unit a uniform school term of nine months, without the levy of a State ad valorem tax therefor."
Sec. 2. G.S. 115-2 is hereby rewritten to read as follows:
"§ 115-2. Administration of school system vested in State Board of Education. — The general supervision and administration of the free public school system shall be vested in the State Board of Education, to consist of the Lieutenant Governor, the State Treasurer, and 11 members appointed by the Governor, subject to confirmation by the General Assembly in joint session. Of the appointive members of the State Board of Education, one shall be appointed from each of the eight educational districts and three shall be appointed as members at large. Appointments shall be for terms of eight years and shall be made in four classes. Appointments to fill vacancies shall be made by the Governor for the unexpired terms and shall not be subject to confirmation.
The Governor shall transmit to the presiding officers of the Senate and the House of Representatives, on or before the 60th legislative day of the General Assembly, the names of the persons appointed by him and submitted to the General Assembly for confirmation; thereafter, pursuant to joint resolution, the Senate and the House of Representatives shall meet in joint session for consideration of an action upon such appointments.
The provisions of this section shall not affect the terms of office of the members of the State Board of Education as now constituted."
Sec. 3. G.S. 115-10(d) is hereby amended by striking out the sentence "The secretary as a Board member is entitled to vote on all matters before the Board."
Sec. 4. G.S. 115-11(1) is hereby amended by striking out the symbol and number "§ 5" in line 5, and substituting therefor "Section 7."
Sec. 5. G.S. 115-12 is hereby rewritten to read as follows:
"§ 115-12. Chief administrative officer of the State Board of Education. — As provided in Article IX, Section 4(b) of the North Carolina Constitution, the Superintendent of Public Instruction shall be the secretary and chief administrative officer of the State Board of Education." Sec. 6. G.S. 115-25 is hereby amended by striking out the words "and no person prohibited by Article XIV, § 7, of the Constitution" in line 8, and adding the word "and" before the word "no" in line 7.
G.S. 115-25 is further amended by adding a new paragraph to read as follows:
"A member of a board of education is hereby declared to be an officer that, with the exceptions provided above, may be held concurrently with any appointive office, pursuant to Article VI, Section 9, of the Constitution, but any person holding an elective office shall not be eligible to serve as a member of a county or city board of education."
Sec. 7. G.S. 115-69 is hereby amended by adding in line one following the word "committeeman" the words "or member of an advisory council" and by striking out the words "or who is prohibited by Article XIV, § 7, of the Constitution" in lines 9 and 10.
G.S. 115-69 is further amended by adding a new paragraph to read as follows:
"A school committeeman appointed to a school committee under G.S. 115-70 or a councilman appointed to an advisory council is hereby declared to be an office that, with the exceptions provided above, may be held concurrently with any appointive office pursuant to Article VI, Section 9, of the Constitution, but any person holding an elective office shall not be eligible to serve on a school committee or advisory council."
Sec. 8. G.S. 115-98 is hereby amended by striking out the words "and all justices of the peace" and substituting therefor the words "and all magistrates" and by striking out the symbol and number "§5" in line 5, and substituting therefor the word and number "Section 7".
Sec. 9. G.S. 115-98(4) is hereby amended by striking out the words "justices of the peace" in line 19, and substituting therefor the word "magistrates."
Sec. 10. G.S. 115-100 is hereby amended by striking out the words "justices of the peace" in lines 6 and 20, and substituting therefor the word "magistrates."
Sec. 11. G.S. 115-101 is hereby amended by striking out the symbol and number "§ 4" in line 3, and substituting therefor the word and number "Section 6."
Sec. 12. G.S. 115-107 is hereby amended by striking out the words "six-months'" in line 13.
Sec. 13. G.S. 115-231 is hereby amended by striking out the word "executive" in line 2, and substituting therefor the words "chief administrative."
Sec. 14. G.S. 115-311 is hereby amended by striking the symbol and number "§ 8" in line 2, and substituting therefor the word and number "Section 4(1)."
Sec. 15. This act shall become effective on July 1, 1971.
In the General Assembly read three times and ratified, this the 30th day of June, 1971.